IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF OHIO

EASTERN DIVISION

Latangia Anderson,

Petitioner

v.

Warden, Ohio Reformatory for Women,

Respondent

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:

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:

:

Case No.2:11-cv-0403

Judge Graham

Magistrate Judge Abel

Report and Recommendation

Petitioner Latania Anderson, a prisoner at the Ohio Reformatory for Women,

brings this action for writ of habeas corpus under 28 U.S.C. §2254. This matter is before

the Magistrate Judge for preliminary consideration under Rule 4, Rules Governing

Section 2254 Cases in United States District Courts. 

The petition alleges that on November 21, 2008, petitioner Anderson was convicted of murder in the Court of Common Pleas for Cuyahoga County, Ohio. She was

sentenced to a term of 15 years to life in prison.

Cuyahoga is within Ohio’s northern federal judicial district. Because petitioner

challenges the conviction of a state court within the Northern District of Ohio but is in

custody in the Southern District of Ohio, both districts have concurrent jurisdiction over

the action. 28 U.S.C. §2241(d).

This Court has the discretion to transfer this action to the Northern District for

hearing and determination. Id. A transfer to the Northern District is appropriate in this

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case because it is the more convenient forum and the evidence is more readily accessible

in the district where petitioner was convicted See, Bell v. Watkins, 692 F.2d 999, 1013 (5th

Cir. 1982), cert. denied, 464 U.S. 843 (1983); see also, Braden v. 30th Judicial Circuit Court of

Ky., 410 U.S. 484, 497 n.13 (1973).

Accordingly, the Magistrate Judge RECOMMENDS that this action be TRANSFERRED o the United States District Court for the Northern District of Ohio at Cleveland.

Petitioner's motion for leave to proceed in forma pauperis is GRANTED. It is

ORDERED that petitioner be allowed to prosecute his action without prepayment of

fees or costs and that judicial officers who render services in this action shall do so as if

the costs had been prepaid.

The Clerk of Court is DIRECTED to mail or email a copy of this Order to the

Attorney General of Ohio, Corrections Litigation Section, 150 E. Gay St., 16th Floor,

Columbus, OH 43215.

If any party objects to this Report and Recommendation, that party may, within

fourteen (14) days, file and serve on all parties a motion for reconsideration by the

Court, specifically designating this Report and Recommendation, and the part thereof

in question, as well as the basis for objection thereto. 28 U.S.C. §636(b)(1)(B); Rule 72(b),

Fed. R. Civ. P.

The parties are specifically advised that failure to object to the Report and

Recommendation will result in a waiver of the right to de novo review by the District

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Judge and waiver of the right to appeal the judgment of the District Court. Thomas v.

Arn, 474 U.S. 140, 150-52 (1985); United States v. Walters, 638 F.2d 947 (6th Cir. 1981). See

also, Small v. Secretary of Health and Human Services, 892 F.2d 15, 16 (2d Cir. 1989). 

s/Mark R. Abel 

United States Magistrate Judge 

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